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Moot Problem 1

Subhajit was born Hindu but converted to Islam to escape caste discrimination. However, he converted back to Hinduism to get admission to medical college as a backward caste. He fell in love with Muslim girl Reshma. They married under Hindu and Muslim rites, but Reshma's father convinced her to leave due to Subhajit's untrustworthiness. When she ended contact, Subhajit filed for conjugal rights. Reshma argued her conversion to Hinduism and the marriages were invalid since she cannot marry a non-Muslim. Subhajit acknowledged his conversion was invalid for college admission, questioning the validity of the marriages.

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Imtiaz Khan
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64 views3 pages

Moot Problem 1

Subhajit was born Hindu but converted to Islam to escape caste discrimination. However, he converted back to Hinduism to get admission to medical college as a backward caste. He fell in love with Muslim girl Reshma. They married under Hindu and Muslim rites, but Reshma's father convinced her to leave due to Subhajit's untrustworthiness. When she ended contact, Subhajit filed for conjugal rights. Reshma argued her conversion to Hinduism and the marriages were invalid since she cannot marry a non-Muslim. Subhajit acknowledged his conversion was invalid for college admission, questioning the validity of the marriages.

Uploaded by

Imtiaz Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MOOT PROBLEM 1

Subhajit, born as the fourth child in a family consisting of his father


Rahul alias Rahmatullah Khan, his mother Bipasha alias Ria Khan
and three siblings, who used to live with his maternal grandparents
who were Hindu. The instance of observing different practices in the
family it was explained to him that his parents were also Hindu by
birth, though belonging to a lower caste. The reason for such
discriminatory practices against the people belonging to a lower caste,
he decided to convert to Islam.
Determined to bring about change in such discrimination he applied
for a seat in Tamluk Medical College, but the converts to other
religions from Hinduism were treated as backward classes thereby he
didn’t get admission. On the advice, he got himself converted to
Hinduism by going through a Suddhi ceremony, claiming to be a
member of the Madiga caste he got admission as falling under
Schedule Caste.
In the fifth year of his study, he falls in love with a Muslim girl
Reshma, though aware of their status in society. The girl reasoned that
she can convince her father to their marriage as they are both
Muslims, but then Subhajit disclosed his conversion to Hinduism
which made her fear that the marriage would not be accepted by her
father as being a strong follower of Islam. When she went home, got
aware of the preparations for her marriage to which Subhajit insisted

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they should get married soon and under the emotional threat and
pressure she agreed to such a marriage.
He made Reshma undergo a Suddhi ceremony, solemnized the
marriage in a temple, and thereafter also married under Muslim form
wherein Qazi performed their marriage. When the girl felt guilty
about the marriage, she confessed it to her father, who convinced her
to get out of this relationship as Subhajit is not trustworthy. He made
her believe and migrated her to another medical college. When she
stopped all her contact with Subhajit, he filed for Restitution of
Conjugal Rights under the HMA, 1955 in the Family Court of
Tamluk, West Bengal.
Reshma challenged the validity of the marriage alleging that her
conversion to Hinduism was not valid. Though Subhajit countered
that in case the Hindu marriage is not valid, the Muslim marriage is
valid. Reshma again contended that even that marriage was not valid
as a Muslim woman cannot marry a non-Muslim. This created a
dichotomy when Subhajit accepted that his conversion was not valid
as done for the purpose of getting admission to Medical College,
thereby validating the Muslim marriage.

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ISSUES

I. WHETHER THE CONVERSION OF SUBHAJIT IS

VALID?

II. WHETHER THE CONVERSION OF RESHMA WAS

INVALID?

III. WHETHER RESTITUTION OF CONJUGAL RIGHTS

BE GRANTED TO SUBHAJIT?

IV. WHETHER THE MARRIAGE BETWEEN SUBHAJIT

AND RESHMA WAS VALID?

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